# Hermes asks court to block ‘MetaBirkin’ NFT sales after jury win Author: Pal Sinha, Barnali Author URL: https://financedigest.com/author/pal-sinha-barnali Published: 2023-03-07 Category: NEWS Category URL: https://financedigest.com/category/news Meta Title: Hermes Sues Artist Over 'MetaBirkin' NFTs Meta Description: Artist Mason Rothschild faces legal action after jury finds his NFTs violate luxury house Hermes' trademark rights. Hermes demands he stop using URL: https://financedigest.com/hermes-asks-court-to-block-metabirkin-nft-sales-after-jury-winhtml ![undefined](https://prod.superblogcdn.com/site_cuid_cm5qst7v3003gwirgwqtxn8i8/images/2023-03-06t190329z1lynxmpej250n4rtroptp4auction-christies-anniversary-1736814370678-compressed.jpg) By Blake Brittain (Reuters) -French luxury house Hermes International has asked a Manhattan federal court to block artist Mason Rothschild from promoting or owning his “MetaBirkin” non-fungible tokens after a jury found they violate Hermes’ trademark rights in its famous Birkin bags. Hermes said in a court filing Friday that Rothschild has continued to market his NFTs despite the jury’s verdict last month. It asked the court to force him to stop using “Birkin” trademarks and to transfer the MetaBirkins website, the NFTs that he still owns and his income from [sales of the tokens since](https://www.financedigest.com/apples-weak-iphone-sales-drive-first-profit-miss-since-2016.html "Apple’s weak iPhone sales drive first profit miss since 2016") the trial to Hermes. Rothschild’s attorney Rhett Millsaps on Monday called the filing a “gross overreach by Hermes and an attempt to punish Mr. Rothschild because they don’t like his art.” He said they will oppose Hermes’ motion this week. Representatives for Hermes did not immediately respond to a request for comment Monday. NFTs are unique tokens on [blockchain networks that are often used to verify ownership of digital](https://www.financedigest.com/giving-substance-hype-digital-catapult-reveals-strength-depth-british-blockchain-industry.html "Giving substance to the hype: Digital Catapult reveals strength and depth of British blockchain industry") art. Hermes sued Rothschild [last year](https://www.financedigest.com/over-50-of-businesses-increased-their-cyber-security-budget-last-year-amid-attacks.html "Over 50% of businesses increased their cyber security budget last year amid attacks") over his MetaBirkins, 100 NFTs associated with images depicting the bags covered in colorful fur. The fashion house called Rothschild a “digital speculator” and the NFTs a “get rich quick” scheme, and said over $1 million worth of the tokens had been [traded in less than a month after they were introduced](https://www.financedigest.com/bitfinex-and-ethfinex-introduce-trading-for-lympo-utrust-blockv-and-dadi.html "Bitfinex and Ethfinex Introduce Trading for Lympo, Utrust, BLOCKv, and DADI"). Rothschild, whose legal name is Sonny Estival, countered that the works are an absurdist statement on [luxury goods and immune from the lawsuit based on First Amendment protections for art](https://www.financedigest.com/art-on-superyachts-what-to-do-when-one-luxury-asset-houses-another.html "Art on superyachts: what to do when one luxury asset houses another"). A jury disagreed and ruled for Hermes in February, [awarding the company](https://www.financedigest.com/the-tall-group-of-companies-awarded-government-led-cyber-essentials-certification.html "The TALL Group of Companies awarded Government-led Cyber Essentials Certification") $133,000 in damages. Hermes said in its Friday court filing that Rothschild receives a 7.5% royalty for all MetaBirkin sales, and that he has continued to promote the NFTs on the MetaBirkins website and [social media](https://www.financedigest.com/saudi-snitching-app-turns-citizens-into-social-media-police.html "Saudi snitching app turns citizens into social media police") accounts since the verdict. Rothschild has continued [acting as he has since November 2021 — brazenly violating Hermès’s intellectual property](https://www.financedigest.com/shares-mixed-on-fed-warning-china-acts-on-property.html "Shares mixed on Fed warning, China acts on property") rights,” Hermes said. The company said a permanent injunction was needed to stop Rothschild’s conduct because he has “shown that he cannot be [trusted,” alleging Rothschild had “repeatedly made false statements” in business](https://www.financedigest.com/trusting-your-gut-how-to-harness-the-power-of-your-business-instincts.html "Trusting your gut: how to harness the power of your business instincts") dealings and at trial. The case is Hermes International v. Rothschild, U.S. District Court for the Southern District of New York, No. 1:22-cv-00384. (Reporting by Blake Brittain in Washington) --- This blog is powered by Superblog. Visit https://superblog.ai to know more. ---